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Judge says DeLay 'withdrew'

Statement may spell trouble for GOP, but 22nd District issue still awaits ruling

JANET ELLIOTT, Copyright 2006 Houston Chronicle Austin Bureau

Published
5:30 am CDT, Tuesday, June 27, 2006

AUSTIN - A federal judge hearing a ballot dispute Monday involving former U.S. Rep. Tom DeLay said he thinks that DeLay withdrew from the November election, indicating potential trouble for Republicans who want to name a replacement candidate.

"He is not going to participate in the election and he withdrew," said U.S. District Judge Sam Sparks, who did not issue an official ruling after a daylong trial regarding DeLay's status as the GOP nominee for the 22nd Congressional District.

Jim Bopp, a lawyer for the Republican Party of Texas, disagreed, telling Sparks "there's been no withdrawal." Bopp said that instead, DeLay moved to Virginia, making him ineligible and triggering a state law that allows the party to select a new nominee.

Sparks also said that if political parties are allowed to replace primary election winners with more popular candidates, "the abuse would be incredible."

"It can happen in every race in this state for every office," Sparks said. The Republican judge said a ruling could come as early as next week.

Bopp said the law allowing a party to replace an ineligible candidate has been used only once before, in a 2004 Democratic race for the Texas House. He said the Legislature could change the law if it finds it is being abused.

At issue is whether DeLay withdrew from the race after he won the primary or is ineligible to be on the ballot. If he is ruled ineligible, a committee of four Republican precinct chairs representing each of the counties in the 22nd District — Brazoria, Fort Bend, Galveston and Harris — would be able to select a nominee to replace him.

Democrats argued that DeLay has merely withdrawn from the race, and therefore his name should remain on the ballot — a move they believe would benefit Democratic nominee Nick Lampson because of DeLay's ongoing legal troubles.

DeLay announced in April he was leaving Congress and moving to Virginia. Tina Benkiser, chairwoman of the state GOP, later declared that such a move would make DeLay ineligible to be the nominee for the district.

On Monday, DeLay testified he has moved to an Alexandria, Va., condominium he owns and has opened an office in Washington. He also said he is registered to vote in Virginia, already voting in that state's recent primary and has a Virginia driver's license.

"I know if you become ineligible, you can't be on the ballot," DeLay said.

DeLay, who also owns a house in Sugar Land where his wife continues to live, officially resigned from Congress on June 9. Republicans are trying to replace DeLay as quickly as possible so the new candidate has enough time to campaign and raise money.

Under cross-examination by attorney Cris Feldman, representing the Democratic Party, DeLay said he doesn't know where he will be in November.

Feldman said it supports the Democrats' contention that DeLay could be back living in Texas when voters go to the polls in November. The U.S. Constitution only requires a candidate to be a resident of the state by Election Day.

Feldman also introduced a document that DeLay filed last November in connection with his indictment on money-laundering charges, which stem from fundraising activities in the 2002 state legislative election.

DeLay asked for the case, which is pending in Travis County, to be moved to his home county of Fort Bend.

Bopp contended Monday that circumstances have changed for DeLay.

After the hearing, Bopp told reporters that Democrats are attempting to "throw the dice in running unopposed."

Kenneth Bailey, party affairs director for the Democrats, said that if DeLay is not on the ballot, the Democrats won't be able to raise as much money and create voter interest statewide.

"He's kind of a lightning rod we use to drum up support," said Bailey.